Reckless Driving

1. What is Reckless Driving Under South Carolina Law?

In the state of South Carolina, a key statute regarding reckless driving is S.C. Code § 56-5-2920. It states:

“Any person who drives any vehicle in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”

Put simply, it’s more than just making a mistake or being careless—it’s acting with a conscious disregard of safety. For example, weaving aggressively through traffic, racing, ignoring traffic controls when it creates significant risk—all of these may trigger a charge of reckless driving.

2. How the Law Applies in Lancaster, SC

When facing a reckless driving allegation in or around the city of Lancaster, South Carolina (including nearby areas such as Indian Land, Kershaw, and Heath Springs, South Carolina), you are working within the same statewide statute—but local courts and prosecutors may have their own practices and emphasis. For instance:

• The local municipal court (e.g. Lancaster Municipal Court) handles traffic and misdemeanor cases within the city limits.
• The magistrate’s court handles traffic and misdemeanor cases within the county limits.

3. Typical Behaviors That Often Lead to a Reckless Driving Charge

While the statute doesn’t list every prohibited act, common behaviors include:

• Driving at extremely high speeds relative to the road, traffic, or conditions.
• Aggressive or erratic driving patterns: weaving in traffic, passing illegally, tailgating.
• Ignoring traffic control devices (lights, signs) or driving the wrong way when it poses a serious risk.
• Driving when the driver knows or reasonably should know the circumstances create grave risk (for example, continuing after falling asleep at the wheel)

4. Penalties & Consequences in South Carolina

Because reckless driving is a misdemeanor in SC, the penalties are more severe than typical “traffic tickets.” Some of the key consequences:

• Fine: For a first offense under § 56-5-2920, conviction carries a fine of $25 to $200 or up to 30 days in jail.
• Points: A conviction adds 6 demerit points to the driver’s record.
• License Suspension: A second or subsequent reckless driving offense within 5 years may trigger a mandatory 3-month driver’s license suspension by the SC DMV.
• Insurance and employment implications: Increased insurance rates, difficulty in jobs that require a clean driving record (commercial drivers, etc.).

5. Strategic Defense Considerations for Clients

If you represent someone charged with reckless driving in Lancaster, keep in mind these important defense angles:

• Review the facts: Was the driving truly “willful or wanton” (rather than mere negligence)? The prosecution must show more than just a speeding ticket—there must be evidence of disregard for safety.
• Local court dynamics matter: Because the case may be heard in Lancaster Municipal Court or the county magistrate’s court, you’ll want to be aware of the local judge and prosecutorial tendencies.
• Plea/mitigation options: Possibly negotiate for reduced charges or lesser penalties, especially where mitigating circumstances exist (first‐time offense, minor risk, no injury).
• Points & DMV impact: Even without jail time or large fines, the 6 points can significantly affect license status. Mitigating or reducing the conviction may preserve the driver’s record.
• Insurance consequences: Advising clients on how a reckless driving conviction may spike insurance premiums is critical.
• Alternative programs: In some cases, programs (such as traffic education or diversion) may be available; exploring these may help clients avoid full-blown conviction consequences.

6. Why It’s Important to Act Early

When your client has been pulled over in Lancaster and is facing a reckless driving charge:

• They should not plead guilty or pay fines before a consultation if possible—the record and its consequences may be heavier than they realize.
• Gathering evidence early (dash-cam video, witness statements, scene conditions) can help significantly.
• Because the statute allows jail time (up to 30 days) and points that may trigger a later suspension, the pressure is real even for a “first offense.”

7. Final Thoughts & Client Guidance

For individuals charged in Lancaster, the bottom line is: a reckless driving charge is not just a simple traffic ticket. It comes with the real potential for criminal‐record implications, jail time, license suspension, and insurance/job fallout. Give us a call at 803-285-2900 to see if we can help you out through this process.